Microsoft Sued for Halo 2 Metal Case Packaging

Danish Glud & Marstrand is suing Microsoft for breach of a nondisclosure agreement, according to reports in the European game press. In 2002, G&M offered its services to produce metal game cases for Microsoft, and the two signed NDAs and exchanged information. Apparently, their services include the use of some form of confidential manufacturing or design technology that they disclosed to Microsoft after signing an NDA. Microsoft chose to use a competitive firm, Viva, to produce the cases. G&M claim they would never have provided the confidential information to Microsoft if it knew Viva was also bidding for the business.

Dale’s Comment: In order to successfully sue for breach of an NDA, you need to establish that something confidential was disclosed to third parties contrary to the NDA in question. Using mettle casings for video game packaging is hardly a new or secret idea. I gather the full facts of the case have not been disclosed because based on these reports there is no case here.

Source: Gamespot | GameDaily | The Inquirer | TVG | GameIndustry.biz

Maryland Video Game Pirate Sentenced

Biren Amin, owner of Pandora’s Cube, is: (i) sentenced to five months in prison, (ii) sentenced to three years of supervised release, including 5 months of house arrest, (iii) fined $$247,237.05; and (iv) ordered to complete 80 hours of community service, for copyright infringement and DMCA violations.

Sources: Xbox Solution | Next Generation | CNet | ESA Press Release

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Michigan Governor Signs Violent Games Bill, ESA Files Suit

The Entertainment Software Association, the video game industry trade body, has filed suit against the new Michigan law that makes it illegal to sell or rent violent games to those under 17.

Sources: Gamasutra | Next Generation | ESA Press Release

GamePolitics Full Coverage Of Michigan’s Violent Video Game Law

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ESRB Demands U.S. Game Publisher Audits For Hidden Game Content

In the wake of the hot-coffee controversy, the Entertainment Software Rating Board is demanding that US publishers complete a comprehensive audit of all titles released over the past year in a bid to crack down on hidden in-game content.

Sources: Gamasutra | GameIndustry.biz | The Register | Ferrago

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts:

The Virtual Crimewave

The world of online gaming is in the grip of a festering crimewave. As role-playing computer games such as EverQuest and Lineage have surged in popularity, a dark criminal underworld has emerged to capitalise on their internal economies.

Source: Times Online

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Gizmondo Settles Jordan Lawsuit, Raises New Capital

Gizmondo has settled its sponsorship agreement lawsuit with Jordan Grand Prix in an out of court mediation by the payment of $1,500,000 in cash and the issuance of 30,000 shares of the Company’s restricted common stock. Gizmondo had contracted with Jordan to feature Gizmondo advertisements on the side of Formula 1 race cars.

Source: Gamasutra

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Regulators Approve GameStop, EB Merger

Major U.S.-headquartered specialty video game retailers GameStop Corp and Electronics Boutique Holdings Corp. have announced that registration documents relating to the merger of the two companies have been approved by the U.S. Securities and Exchange Commission.

Sources: Gamasutra  |  GameSpot

Blizzard Wins Video Game Hacking Lawsuit Against BNetD

Text of Blizzard v. BNetD Decision
Audio of Oral Arguments before the Eight Circuit Court of Appeals [MP3 from EFF]

In making a more stable and feature-rich, multi-player online video game server available for free to Blizzard’s video game customers, in competition to Blizzard’s own proprietary Battle.net server, the 8th circuit CA held, among other things, that the appellants’ (i) reverse engineering and circumventing of Blizzard’s CD key validation process; (ii) distribution of the resultant circumvention software; violated the anti-circumvention and anti-trafficking provisions of the DMCA.

Dale’s Comment: It seems to me that this is yet another unintended consequence of of the DMCA. The DMCA’s primary purpose is to protect copyright, not to protect Blizzard’s business model. So long as players are using properly purchased/licensed versions of the game, end users should not be liable if they create a competitive online means of playing that game.

Sources: CNet News | Gamasutra | ars technica | Red Herring | GameSpot | EFF Page on Case | EFF Critique of Case | Salon.com Back Story Article

Namco, Sony Music Settle Over Pac-Man Samples

Namco America and Sony BMG Music Entertainment have announced that the companies have settled a complaint filed by Namco alleging that sounds from its video game Pac-Man were used in the song of a Sony BMG artist. Namco’s complaint alleged that the sampled portions were not cleared. The terms of the settlement were not revealed.

Sources: Gamasutra | Gamespot | AllHipHop.com’s Earlier Sept 24, 2004 Report on Lawsuit

Injunction Against ‘Guy Game’ Sales Upheld in Invasion of Privacy Action

In this interlocutory appeal, the court determined that the trial court did not abuse its discretion in finding that the plaintiff may be entitled to relief for invasion of privacy by misappropriation, and that the injunction was necessary to prevent irreparable harm. It also ruled that the trial court’s decision to allow the plaintiff to proceed as “Jane Doe” was not appealable, and, in any event, would not prejudice the defendants.

Sources: Media Law Reporter | Davis & Co. LLP

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Man Arrested for Virtual Mugging in Lineage II

A man has been arrested in Japan on suspicion of carrying out a virtual mugging spree by using software “bots” (a form of cheating) to beat up and rob characters in the online computer game Lineage II. The stolen virtual possessions were then exchanged for real cash.

Sources: New Scientist | Gamespot | The Enquirer | BBC | CNet | GamePolitics | Ferrago

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‘Vili the Warrior’ Battles EA in Court

Viliami Fehoko, the man behind the menacing war paint of Vili the Warrior, says that EA never obtained his permission nor paid him compensation for the use of his Vili character as a featured mascot in NCAA Football ’06. According to the article, Fehoko has claimed $75,000 in damages.

Source: GameSpot | Hawaii Channel | Joystiq | Game Politics | Times Online

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Players say Blizzard’s Anti-cheat “Warden” Program Invades Privacy

A number of World of Warcraft players are up in arms over software being used by the game’s publisher to scan users’ computers for hacks prohibited under its terms of service.

Sources: CNet | ZDNet | P2PNet | Blizzard’s Response

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Killer Convicted, Despite GTA Insanity Defense

An Alabama jury considering the case of 20 year old Devin Moore for the murder of three police officers has rejected his insanity defense and claims that he was unduly influenced by Rockstar’s Grand Theft Auto III and Grand Theft Auto: Vice City.

Sources: Gamasutra | Wired

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Sony Sues Online Retailer for PSP Sale

Hong Kong-based online retailer Lik-Sang.com is by Sony Computer Entertainment Europe for selling Japanese PlayStation Portable systems to UK customers ahead of the PSP’s European debut in September.

Sources: IGN | CNet | Gamasutra | GamaeIndustry.biz | Channel Register | PSPWorld | ZDNet | IGN IQ | CD Freaks | Out-Law.com | Softpedia | GamePro.com | Lik-Sang Press Release

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Hot Coffee Spills into Australia as GTA:San Andreas is Banned

Rockstar’s Grand Theft Auto San Andreas has been pulled from shelves in Australia after the increasingly censorious Office of Film and Literature Classification withdrew its rating in the wake of the Hot Coffee scandal.

Source: GameIndustry.biz | Gamasutra

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts:

Outraged Granny Sues over Grand Theft Auto (Cohen)

Text of Cohen’s Class Action Complaint
In another hot coffee, motivated case, a litigious 81-year-old New York grandmother files suit against the game’s manufacturer for engaging in “false, misleading and deceptive practices”

Sources: The Register | Gamasutra | GameSpot | New York Daily News | GamePolitics.com

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts: